by suejaren »
Mon Sep 06, 2010 9:23 am
My deeds say that "divisional fences walls etc between adjoining properties shall be maintained by the disponees and the adjoining proprietors jointly in all time coming".
It seems correct to me that the posts should be on the midline, however the fence is very sturdy so he has 5 inches on his side of the line while I only have 2 inches of post.
Although doubling the fence i.e. putting more rails and slats on my side will show the fence to be in the middle, it will seriously impact on the the light penetration towards his side, [the gardens slope upwards so there is an issue of light restriction to the windows]. I am sure he won't want that, although I could offer to double only the first metre down by the house where it won't restrict the light and put wire on my side the rest of the way. I had planned to grow cordon fruit trees on the fence so would have been putting wire there anyway.
I never intended to encroach on his garden and so if the law states that the fence should be moved, I'll have to do that - the fencer will not be happy as the fence is very strongly constructed and concreted in!